Derby City Council (25 026 475)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 05 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his data. This is because it is late and the Information Commissioners Office is better placed to consider matters relating to Data Protection.
The complaint
- Mr X says the Council mishandled his personal and licensing data and shared inaccurate and unsubstantiated information with another Council. He says this harmed his reputation, limited his ability to work, caused financial loss, and significant distress. He seeks acknowledgement of failings, correction or removal of the data, an apology, a procedural review, and compensation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2023, Mr X made a request to the Council under Data Protection legislation seeking rectification or removal of information the Council held in relation to his licensing record.
- The Council corrected some records but refused to remove others, explaining its reasons. It confirmed and shared corrections where needed, apologised for inaccuracies, and informed Mr X of his review rights to the Information Commissioners Office (ICO) if he was dissatisfied.
- In November 2025, Mr X requested an internal review, expressing disagreement with the Council’s 2023 decision.
- In January 2026, the Council issued the internal review outcome, reaffirming its original 2023 position.
- The law says we cannot investigate a complaint made more than 12 months after the complainant becoming aware of the matter. Mr X had been aware of the issues he complains about for more than two years before bringing his complaint to us.
- We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason in this case, because the substantive issues relate to data protection and it would be reasonable to expect Mr X to raise his complaint with the ICO.
- The Information Commissioner’s Office enforces data protection legislation. Its role is to uphold information rights in the public interest, promote openness by public bodies, and protect individuals’ privacy.
- We will not investigate Mr X’s complaint because it is late and the ICO is better placed to consider matters relating to data protection.
Final decision
- We will not investigate Mr X’s complaint because it is late and the ICO is better placed to consider matters relating to data protection.
Investigator's decision on behalf of the Ombudsman